Bureau of Indian Affairs 2005 – Federal Register Recent Federal Regulation Documents
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Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice; Addendum
This notice is published in exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant SecretaryIndian Affairs by 209 DM 8. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act, 25 CFR 23.12. The Secretary of the Interior shall publish in the Federal Register on an annual basis the names and addresses of the designated agents. This is an addendum to the Designated Tribal Agents for service of notice published on March 21, 2005 (70 FR 13518), which included the listings of designated tribal agents received by the Secretary of the Interior with the exception of the Southern Plains Region, which was inadvertently omitted. This notice publishes the designated agent list of the Southern Plains Region only.
Amendment to Notice of Intent To Prepare an Environmental Impact Statement for the Pueblo of Jemez's Proposed Trust Acquisition and Casino Project, Dona Ana County, New Mexico
This notice advises the public that the Bureau of Indian Affairs (BIA) is amending its Notice of Intent to Prepare an Environmental Impact Statement (EIS) for the Pueblo of Jemez's Proposed Trust Acquisition and Casino Project, Dona Ana County, New Mexico, published in the Federal Register on March 1, 2005 (70 FR 9963-9964), which described the proposed action. In response to a request by an interested party, and in the interest of providing the public the fullest reasonable opportunity to participate in the scoping process for this EIS, this amendment reopens the public comment period for an additional 30 days.
Notice of Availability, Assessment Plan for Natural Resources Injured by Releases of Hazardous Substances From the Rio Tinto Mine
The Bureau of Indian Affairs and the U.S. Fish and Wildlife Service, on behalf of the Department of the Interior, the Shoshone- Paiute Tribes of Duck Valley, the Department of Agriculture, and the State of Nevada, announces the release for public review of the Assessment Plan, Rio Tinto Mine Site Natural Resource Damage AssessmentPublic Release Draft Report (Assessment Plan). The Assessment Plan was developed by the Rio Tinto Mine Trustee Council consisting of representatives of the Tribe and Agencies listed above, to assess injuries to natural resources resulting from the releases of hazardous substances from the Rio Tinto Mine in Elko County, Nevada. The Assessment Plan describes the proposed approach for determining and quantifying natural resource injuries and calculating damages associated with these injuries. All interested parties are invited to submit comments on the Assessment Plan.
Notice of Determination
The Associate Deputy Secretary made a final agency determination to acquire approximately 147 acres of land into trust for the Match-E-Be-Nash-E-Wish Band (Gun Lake Tribe) of Pottawatomi Indians of Michigan on April 18, 2005. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant SecretaryIndian Affair by 209 Department Manual 8.1.
Conforming Amendments to Implement the No Child Left Behind Act of 2001
This final rule deletes provisions of parts 31 and 36 that will become obsolete on May 31, 2005, the effective date of the final rule implementing the No Child Left Behind Act of 2001.
Implementation of the No Child Left Behind Act of 2001
This final rule addresses six areas involving Indian education: Defining adequate yearly progress; establishing geographic attendance areas for Bureau of Indian Affairs-funded schools (Bureau- funded schools); establishing a formula for the minimum amount necessary to fund Bureau-funded schools; establishing a system of uniform direct funding and support for Bureau-operated schools; providing guidelines to ensure the Constitutional and civil rights of Indian students; and establishing a method for administering grants to tribally controlled schools. The rule implements the provisions of the No Child Left Behind Act of 2001.
Indian Gaming
This notice publishes approval of the Tribal-State Compact between the State of Oklahoma and Seminole Nation of Oklahoma.
Peoria Tribe of Indians of Oklahoma-Liquor Control Ordinance
This notice publishes the Peoria Tribe of Indians of Oklahoma's (Tribe) Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor on the Tribe's land. This Ordinance allows for the possession and sale of alcoholic beverages on tribal land and will increase the ability of the tribal government to control liquor distribution and possession. At the same time, the Ordinance will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Indian Gaming
This notice publishes approval of the Tribal-State Compacts between the State of Oklahoma and the Muscogee (Creek) Nation and the Cheyenne Arapaho Tribe.
American Indian Probate Reform Act of 2004
The American Indian Probate Reform Act requires us to develop an informational notice about the Act and its provisions. The Act also requires us to publish this notice in the Federal Register. This notice fulfills these requirements.
Notice of Intent To Prepare an Environmental Impact Statement for the North Fork Rancheria's Proposed Trust Acquisition and Hotel/Casino Project, Madera County, California; Correction
This notice advises the public of a correction to the Bureau of Indian Affairs' (BIA) Notice of Intent to prepare an Environmental Impact Statement (EIS) for the North Fork Rancheria's Proposed Trust Acquisition and Hotel/Casino Project, Madera County, California, published in the Federal Register on October 27, 2004 (69 FR 62721), which described the proposed action. The October notice is corrected to include statements concerning project alternatives, which are provided in the SUPPLEMENTARY INFORMATION section. This notice also re-opens public scoping to identify potential issues, concerns and alternatives to be considered in the EIS.
Indian Gaming
Notice is given that the Tribal Gaming Compact between the Tonkawa Tribe and the State of Oklahoma is considered approved and is in effect.
Samish Indian Nation-Sale and Consumption of Alcoholic Beverages
This notice publishes the Samish Indian Nation's Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within land under the jurisdiction of the Samish Indian Nation. The land to which this Ordinance applies is in trust. This Ordinance will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Office of Federal Acknowledgment; Reports and Guidance Documents; Availability, etc.
The Department gives notice that the Associate Deputy Secretary of the Interior is revising and clarifying certain internal procedures for managing and processing petitions for Federal acknowledgment as an Indian tribe. These revisions do not change the acknowledgment regulations, 25 CFR part 83.
Submission of Paperwork Reduction Act Request to Office of Management and Budget
This notice announces that the Information Collection Request for Bureau of Indian Affairs (BIA) Form-4432, Verification of Indian Preference for Employment in the BIA and the Indian Health Service (IHS) has been submitted to the Office of Management and Budget (OMB) for approval under the provisions of the Paperwork Reduction Act of 1995. The BIA is soliciting public comments on the subject proposal.
Law and Order on Indian Reservations
This document adds the Winnemucca Indian Tribe (Western Region, Nevada) to the listing of Courts of Indian Offenses. This amendment will establish a Court of Indian Offenses for a period not to exceed 2 years. It is necessary to establish a Court of Indian Offenses with jurisdiction over the Winnemucca Indian Tribe of the Winnemucca Reservation and Colony in order to protect lives and property.
Guidance for Distributing Fiscal Year 2005 Contract Support Funds and Indian Self-Determination Funds
The Bureau of Indian Affairs (Bureau) is publishing this notice to inform the public, the tribes, and Federal staff of the methodology that will be used for the distribution of CSF and ISDF for FY 2005. These funds are distributed as authorized by the Indian Self- Determination and Education Assistance Act of 1975, as amended, and financed with funds appropriated under the Snyder Act. This distribution methodology is published to ensure eligible recipients and responsible federal employees are aware of program operations for this fiscal year. This is a guidance document, it is not establishing regulations.
Indian Gaming
This notice publishes approval of the TribalState Compact between the Osage Nation and the State of Oklahoma.
Indian Gaming
This notice publishes the approval of the Tribal-State Compact between the Pawnee Tribe of Oklahoma and the State of Oklahoma.
Indian Gaming
This notice publishes approval of the First Amendment to the Tribal-State Compact between the Reno-Sparks Indian Colony and the State of Nevada.
Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice
This notice is published in exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant SecretaryIndian Affairs by 209 DM 8. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act, 25 CFR 23.12. The Secretary of the Interior shall publish in the Federal Register on an annual basis the names and addresses of the designated agents. This is the current list of Designated Tribal Agents for service of notice, and includes the listings of designated tribal agents received by the Secretary of the Interior prior to the date of this publication.
Indian Gaming
Notice is given that the Tribal-State Compacts between the Kaw Nation, the Kickapoo Tribe, the Peoria Tribe and the State of Oklahoma are considered to have been approved and are in effect.
Notice of Intent To Prepare an Environmental Impact Statement/Environmental Impact Report for the Guidiville Band of Pomo Indians of the Guidiville Rancheria's Proposed Trust Acquisition and Casino/Resort Project, City of Richmond, Contra Costa County, CA
This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency for compliance with the National Environmental Policy Act, and the City of Richmond (City), California, as lead agency for compliance with the California Environmental Quality Act, intend to gather information necessary for preparing an Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) for a proposed 415 acre trust acquisition and casino/resort project to be located within the City of Richmond, Contra Costa County, California. The purpose of the proposed action is to restore the Guidiville land base of the Guidiville Band of Pomo Indians of the Guidiville Rancheria (Tribe) and help provide for the economic development of the tribe. The proposed action would additionally serve to meet the City's requirements under the Base Realignment and Closure Act to use a closed Navy fuel depot for economic development purposes. This notice also announces a public scoping meeting to identify potential issues and alternatives for inclusion in the EIS/EIR.
Amendments to Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Desert Rock Energy Project, San Juan County, NM
This notice advises the public that the Bureau of Indian Affairs is amending its Notice of Intent to Prepare an Environmental Impact Statement (EIS) for the proposed Desert Rock Energy Project, San Juan County, New Mexico, published in the Federal Register on November 10, 2004 (69 FR 65215), which described the proposed action. The amendments: (1) Add the Office of Surface Mining Reclamation and Enforcement, the Bureau of Land Management and the U.S. Environmental Protection Agency (EPA) as cooperating agencies; (2) include the mining of up to six million more tons of coal per year from the BHP Navajo Coal Company lease area and delivery of that coal to the proposed power plant, plus the issuance of permits required under the Clean Water Act by the Army Corps of Engineers and/or the EPA, for analysis in the EIS; (3) announce five more public scoping meetings to identify potential issues and alternatives for inclusion in the EIS; and (4) extend the period for public comment on scoping for the EIS.
Bear River Band of Rohnerville Rancheria-Sale and Consumption of Alcoholic Beverages
This notice publishes the Bear River Band of Rohnerville Rancheria's Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Bear River Band of Rohnerville Rancheria's tribal land. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Bear River Band of Rohnerville Rancheria's tribal land and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Proposed Agency Information Collection Activities; Comment Request
The Bureau of Indian Affairs (BIA) is seeking comments on the Indian Service Population and Labor Force Estimates as we prepare to renew the collection as required by the Paperwork Reduction Act.
Probate of Indian Trust Estates
The Bureau of Indian Affairs (BIA) and the Office of Hearings and Appeals (OHA), Department of the Interior (the Department), are revising their regulations dealing with the probate of Indian trust estates to reflect an organizational change. The Department is consolidating the probate adjudication functions previously handled by attorney decision makers in BIA and by administrative law judges and Indian probate judges in OHA into a new Probate Hearings Division within OHA. As a result, this rule transfers various regulatory provisions dealing with attorney decision makers from BIA's regulations to OHA's.
Grant Availability to Federally-Recognized Indian Tribes for Projects Implementing Traffic Safety on Indian Reservations
In accordance with the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as authorized by the Secretary of Transportation, the Bureau of Indian Affairs intends to make funds available to federally-recognized Indian tribes on an annual basis for implementing traffic safety projects, which are designed to reduce the number of traffic crashes, deaths, injuries and property damage within Indian country. Because of the limited funding available for this project, all projects will be reviewed and selected on a competitive basis. This notice informs Indian tribes that grant funds are available and that the information packets are forthcoming. Information packets will be distributed to all tribal leaders on the latest tribal leaders list that is complied by the Bureau of Indian Affairs.
Indian Gaming
Notice is given that the Tribal-State Gaming Compact between the Seneca-Cayuga Tribe and the State of Oklahoma is considered approved and is in effect.
Indian Gaming
Notice is given that the Amendment to the Tribal-State Compact between the St. Regis Mohawk Tribe and the State of New York is considered to have been approved and is in effect.
Proposed Agency Information Collection Activities; Comment Request
This notice announces that the Bureau of Indian Affairs (BIA) in accordance with the Paperwork Reduction Act is soliciting comments on the Financial Assistance and Social Service program application forms in order to renew the Office of Management and Budget (OMB) clearance. This information collection request is cleared under OMB control number 1076-0017 and expires on July 31, 2005.
Notice of Intent To Prepare an Environmental Impact Statement for the Pueblo of Jemez's Proposed Trust Acquisition and Casino Project, Dona Ana County, NM
This notice advises the public that the Bureau of Indian Affairs (BIA), in cooperation with the Pueblo of Jemez (Pueblo), intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 78.431 acre trust acquisition and casino project to be located within Dona Ana County, New Mexico. The purpose of the proposed action is to improve the economy of the Pueblo and help its members attain economic self-sufficiency. This notice also announces a public scoping meeting to identify potential issues and alternatives to be considered in the EIS.
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Moapa Cement Plant, Limestone Quarry and Associated Facilities, Moapa Indian Reservation, Clark County, NV
This notice advises the public that the Bureau of Indian Affairs (BIA), in cooperation with the Moapa Band of Paiute Indians (Tribe), Bureau of Land Management (BLM), U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (ACOE), and Ash Grove Cement Company (Ash Grove), will be gathering information needed for the preparation of an Environmental Impact Statement (EIS) and permits that may be issued by individual regulatory agencies. The information included in the EIS will be used to support the approval of multiple leases, right-of-way easements, special use permits, and/or other agreements between the Tribe and Ash Grove for the construction, operation, and maintenance of a proposed cement plant, a limestone quarry, other raw material extraction site(s) and infrastructure on the Moapa River Indian Reservation (Reservation) in Clark County, Nevada. The purpose and need for this proposed project is to provide an economic development opportunity for the Tribe, to provide a new source of cement in the southwestern United States, and to address the growing demand for cement in the United States. This notice also announces public scoping meetings to identify potential issues and alternatives for inclusion in the EIS.
Indian Gaming
This notice publishes the approval of the TribalState Compact between the Winnebago Tribe of Nebraska and the State of Iowa.
Law and Order on Indian Reservations
This notice rescinds the Notice of Intent published by the Bureau of Indian Affairs in the Federal Register on April 29, 2003.
Indian Gaming
Notice is given that the Tribal-State Compacts between the Eastern Shawnee Tribe, the Choctaw Tribe, the Citizen Potawatomi Nation and the State of Oklahoma are considered to have been approved and are in effect.
Indian Gaming
This notice publishes the Approval of the Tribal-State Compacts between the Chickasaw Nation, the Quapaw Tribe and the State of Oklahoma.
Submission of Agency Information Collection to the Office of Management and Budget for Review Under the Paperwork Reduction Act
The Bureau of Indian Affairs (BIA) is submitting this information collection to the Office of Management and Budget for renewal of the Indian Child Welfare Annual Report form. The information collected will aid the BIA in fulfilling requirements of law. This renewal meets the requirements of the Paperwork Reduction Act of 1995.
Submission of Information Collection to the Office of Management and Budget (OMB) for Review Under the Paperwork Reduction Act
This notice announces that the Information Collection Request for Adult Education Annual Report Form, OMB Control No. 1076-0120, requires renewal. The information collection requirement, with no appreciable changes, is submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995.
Rate Adjustments for Indian Irrigation Projects
The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation facilities located on various Indian reservations throughout the United States. We are required to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We request your comments on the proposed rate adjustments.
Indian Gaming
This notice publishes the Approval of the Tribal-State Compacts between the Absentee Shawnee Tribe, Comanche Nation, Miami Tribe and the Cherokee Nation of Oklahoma and the State of Oklahoma.
Osage Tribe-Sale and Consumption of Alcoholic Beverages
This notice publishes the Osage Tribe's Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Osage Indian Reservation and Osage Indian Country. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Osage Tribe's Reservation and Osage Indian Country and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Land Acquisitions; Suquamish Tribe of Washington
The Principal Deputy Assistant SecretaryIndian Affairs made a final agency determination to acquire approximately 12.72 acres of land into trust for the Suquamish Tribe of Washington on April 21, 2004. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant SecretaryIndian Affairs by 209 Departmental Manual 8.1.
Indian Gaming
This notice publishes the Third Extension of the Tribal-State Compact between the Pyramid Lake Paiute Indian Tribe and the State of Nevada. The Compact is extended until January 5, 2006.
List of Additional Lands Affected by White Earth Reservation Land Settlement Act of 1985
This notice publishes a list of additional allotments or interests on the White Earth Chippewa Reservation in Minnesota. The Department of the Interior, Bureau of Indian Affairs, have determined that certain additional allotments or interests fall within the scope of sections 4(a), 4(b), or 5(c) of the White Earth Reservation Land Settlement Act of 1985. Under section 7(e) of the Act, as amended, any determination made by the Secretary to include an allotment or interest is required to be published in the Federal Register.
Nominations for Indian Reservation Roads Program Coordinating Committee
The Secretary of the Interior is requesting nominations for tribal regional representatives to the Indian Reservation Roads (IRR) Program Coordinating Committee (Committee) which will be established under 25 CFR 170. The IRR final rules amending 25 CFR 170 include establishing a Committee to provide input and recommendations to the Bureau of Indian Affairs (BIA) and the Federal Highway Administration (FHWA) in developing IRR Program policies and procedures and to coordinate with and obtain input from tribes, BIA, and FHWA. The Secretary will accept only nominations for tribal representatives and alternates officially selected by tribes in each of the 12 BIA regions as stated below.
Request for Nominations of Members To Serve on the Bureau of Indian Affairs Advisory Board for Exceptional Education
Pursuant to the Federal Advisory Committee Act (FACA) and the Individuals with Disabilities Education Act (IDEA), the Bureau of Indian Affairs (BIA), Office of Indian Education Programs (OIEP), requests nominations of individuals to serve on the BIA Advisory Board for Exceptional Education (Advisory Board). The BIA/OIEP will consider nominations received in response to this Request for Nominations. The SUPPLEMENTARY INFORMATION section provides committee and membership criteria, and the membership nomination form.
Kickapoo Tribe of Oklahoma-Liquor and Beer Ordinance
This notice publishes the Kickapoo Tribe of Oklahoma Liquor and Beer Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Kickapoo Tribe of Oklahoma Indian Country. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Kickapoo Tribe of Oklahoma's Indian Country and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Forest County Potawatomi Community-Sale and Consumption of Alcoholic Beverages
This notice publishes the Forest County Potawatomi Community Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Forest County Potawatomi Community. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Forest County Potawatomi Community and will increase the ability of the tribal government to control the Community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
Privacy Act of 1974, as Amended; Amendment of an Existing System of Records
Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Office of the Secretary is issuing public notice of our intent to change an existing Privacy Act system of records notice entitled, Interior BIA-18 ``Law Enforcement Services.'' The revisions will change the name of the system to Interior BIA-18, ``Case Incident Reporting System.'' Other changes to Interior BIA-18 include updating data in the following fields: System Locations, Categories of Individuals Covered by the System, Categories of Records in the System, Routine Uses of Records Maintained in the System, Categories of Users and the Purposes of Such Uses, Policies and Practices for Storing, Retrieving, Accessing, Retaining and Disposing of Records in the System. The Department of the Interior is issuing public notice of its intent to amend portions of an existing Privacy Act system of records subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice amendment of an existing records systems maintained by the agency (5 U.S.C. 552a(e)(4)).
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